Case law

Brandon v. State

27 Ala. App. 321 · Alabama Court of Appeals · Mar 17, 1936

officers de facto, and that the acts of the board as a de facto court are binding upon the county. … We quote from the opinion of Judge Brown, in the case of Harwell v. State, 12 Ala.

Taylor v. State

42 Ala. App. 617 · Alabama Court of Appeals · Feb 2, 1965

The trial court charged the jury as follows : “Gentlemen, this jury is not a pardoning board. … We are of opinion that the court’s reference to a board, body or persons with pardoning power requires a reversal of the judgment under the authority of McCray v. State, 261 Ala. 275 , 74 So.2d 491 , and Lawley v.

Parker v. State

41 Ala. App. 329 · Alabama Court of Appeals · Jun 30, 1961

Brown, the highway patrolman, Was standing still. … Tunstill v. State, 33 Ala.App. 460 , 34 So.2d 857 ; Grimes v. State, 38 Ala. App. 94 , 76 So.2d 684 .

Layton v. State

22 Ala. App. 523 · Alabama Court of Appeals · Jun 19, 1928

Shepard v. State, 20 Ala. App. 627 , *524 104 So. 674 ; Brown v. State, 18 Ala. App. 91 , 90 So. 54 .

Rountree v. State

20 Ala. App. 225 · Alabama Court of Appeals · Aug 19, 1924

State, 210 Ala. 320 , 97 South. 903 , in which a similar charge was discussed: “The Court of Appeals is sustained by the case of Brown v. State, 118 Ala. 111 , 23 South. 81 , approving charge 6. … The Brown Case, supra, has not been expressly overruled on this point, and we followed that case in Baker v. State, 97 South. 901 . 1 'We follow the Supreme Court in Ex parte Baker ex rel. Atty.

Alabama Mills, Inc. v. Carnley

35 Ala. App. 46 · Alabama Court of Appeals · Oct 5, 1949

Marion County v. Middleton, 246 Ala. 464 , 21 So.2d 312 . … Anderson v. City of Birmingham, 205 Ala. 604 , 88 So. 900 ; Tennessee Coal, Iron & R. Co. v. Martin, 251 Ala. 153 , 36 So.2d 547 .

Metcalf v. State

16 Ala. App. 389 · Alabama Court of Appeals · Feb 26, 1918

BROWN, P. J. [1, 2] The appellant was convicted of the offense denounced by section 7421 of the Code of 1907. … Eman *390 uel Dean v. State, ante, p. 367, 77 South. 979 . Eor this error, the judgment is reversed, and the cause remanded. Reversed and remanded.

Farmers Mutual Insurance v. Tankersley

13 Ala. App. 524 · Alabama Court of Appeals · Jun 30, 1915

—Lakeside Co. v. Dromgoole, 89 Ala. 505 , 7 South. 444 ; Hart v. Bray, 50 Ala. 446 ; Cham *528 bliss v. Smith, 30 Ala. 366 ; Sanford v. Howard, 29 Ala. 684 , 68 Am. Dec. 101 ; Hodges v. … Co. v. Copeland, 86 Ala. 551 , 6 South. 143 , 4 L. R. A. 848; Brown v. Commercial Ins. Co., 86 Ala. 189 , 5 South. 500 ; Western Ins. Co. v. Stoddard, 88 Ala. 606 , 7 South. 379 ; Triple Link Ass’n v.

Campbell v. State

31 Ala. App. 613 · Alabama Court of Appeals · Jun 13, 1944

The rule was recently restated in our case of Brown v. State, 30 Ala. App. 27 , 200 So. 630 , certiorari denied 240 Ala. 589 , 200 So. 634 . … App. 593 , 151 So. 616 ; Brown v. City of Tuscaloosa, 196 Ala. 475 , 71 So. 672 ; Hurst v. State, 86 Ala. 604 , 6 So. 120 , 11 Am.St.Rep. 79 ; Foster v. State, 88 Ala. 182 , 7 So. 185 ; Powell v.

Sanderson v. State

28 Ala. App. 216 · Alabama Court of Appeals · Dec 14, 1937

Balch, 17 Vt. 562 ; Bella and Belle, Reid v. State, 168 Ala. 118 , 53 So. 254 ; Bess, Bessie, Bettie, and Elizabeth, Thomas v. Desney, 57 Iowa, 58 , 10 N.W. 315 ; Bill and William, Burley v. … This charge finds *Page 218 support in the case of Churchwell v. State, 117 Ala. 124 , 23 So. 72 . But, we have examined this record, and nowhere do we find that "Boots Brown" testified.

Harris v. State

25 Ala. App. 215 · Alabama Court of Appeals · Jun 30, 1932

The state claims, and offered evidence tending to prove, that the deceased, Alex Brown, was preparing to haul a load of cotton to the gin. The defendant told him he could not do it. … We tried in Jackson v. State, 24 Ala. App. 601 , 139 So. 576 , to make clear this court’s position on that point and in that ease cited a decision of the Supreme Court sustaining our view.

Thompson v. State

19 Ala. App. 328 · Alabama Court of Appeals · Jun 30, 1923

The state board of medical examiners has been designated by law to conduct such examinations and issue certificates of qualification. Code' 1907, §§ 1626-1645; Williamson, v. State, 16 Ala. App. 392 , 78 South. 30S. … Section 7620, Code 1907; Kirby v. State, 62 Ala. 51 .

Johnson v. State

38 Ala. App. 82 · Alabama Court of Appeals · Nov 16, 1954

See Langford v. State, 45 Ala. 26 . … In accord with the above principles is the case of Cheshire v.

Carr v. State

16 Ala. App. 176 · Alabama Court of Appeals · Jun 12, 1917

BROWN, P. J. [1] “In arson, the corpus delicti consists, not alone of a building burned, but also of its having been willfully fired by some responsible person. … Daniels v. State, 12 Ala. App. 119 , 68 South. 499 ; Winslow v. State, 76 Ala. 42 .

Hardin v. State

30 Ala. App. 204 · Alabama Court of Appeals · Nov 19, 1940

Slater v. State, 230 Ala. 320 , 162 So. 130 [132]. … Holt v. State, 238 Ala. 2 , 193 So. 89 .

McLosky v. State

19 Ala. App. 544 · Alabama Court of Appeals · Jul 10, 1923

Brooks v. State, 88 Ala. App. 35 122, 6 So. 902 ; Smith v. State, 8 Ala. App. 352 , 359 , 63 So. 28 ; Ex parte Smith, 183 Ala. 116 , 63 So. 70 . … Porter v. State, 58 Ala. 66 ; Bibb v. State, 83 Ala. 84 , 90 , 3 So. 711 ; Morgan v. Whatley, 205 Ala. 170 , 87 So. 846 . In Porter v.

State Ex Rel. Price v. Callaway

16 Ala. App. 472 · Alabama Court of Appeals · May 28, 1918

BROWN, P. J. An appeal is not authorized from a judgment of the court on demurrer, in a quo warranto proceeding, in advance of a final judgment of the court disposing of the ease. … Crow v. Crook, Judge, 123 Ala. 657 , 27 South. 334 ), while section 5470 provides for appeals from the final judgment of the court disposing of the case.

Martin v. State

23 Ala. App. 281 · Alabama Court of Appeals · Jun 29, 1929

McAlpine v. State, 117 Ala. 93 , 23 So. 130 ; Rudder v. State, 12 Ala. App. 72 , 67 So. 738 . And see Moss v. State, 152 Ala. 30 , 44 So. 598 ; Bails v. State, 13 Ala. App. 273 , 69 So. 250 ; and Brown v.

Isbell v. State

17 Ala. App. 465 · Alabama Court of Appeals · Jun 1, 1920

But, as was said in Rosenberg v. … Goldthwaite v. City of Montgomery, 50 Ala. 486 ; N., C. & St. L. Ry. Co. v. Alabama City, 134 Ala. 414 , 32 South. 731 ; Kennamer v. State, 150 Ala. 74 , 43 South. 482 ; Miller v. State, 16 Ala.

Frishkorn v. Ogden

16 Ala. App. 358 · Alabama Court of Appeals · Jan 15, 1918

BROWN, P. … Perkins, 7 Or. 149 ; Willey v. Conner, 44 Vt. 68 ; Emery v. Fugina, 68 Wis. 505 , 32 N. W. 236 .